§§1-4, 6 - C.56:8-53.1 to 56:8-53.5 §5 - C.30:5B-15.1 §6 - Note to §5 §7 - Note to §§1-6 P.L. 2007, CHAPTER 124, approved August 6, 2007 Senate, No. 265 (Second Reprint) 1 AN ACT concerning child product safety and supplementing 2 P.L.1960, c.39 (C.56:8-1 et seq.) and P.L.1983, c.492 (C.30:5B-1 3 et seq.). 4 5 BE IT ENACTED by the Senate and General Assembly of the State 6 of New Jersey: 7 8 1. As used in this act: 2 9 “Child” means a person less than 14 years of age. 2 10 "Children's product" means a product, including, but not limited 11 to, a full-size crib, non-full-size crib, toddler bed, bed, car seat, 12 chair, high chair, booster chair, hook-on chair, bath seat, gate or 13 other enclosure for confining a child, play yard, stationary activity 14 center, carrier, stroller, walker, swing, or toy or play equipment, 15 that meets the following criteria: 16 a. the product is designed or intended for the care of, or use by, 1 17 [children under six years of age, or is designed or intended for the 18 care of, or use by, both children under six years of age and children 19 six years of age or older] a child1 ; or 20 b. the product is designed or intended to come into contact with 1 21 [the] a1 child while the product is used. 22 Notwithstanding any other provision of this section to the 23 contrary, a product is not a "children's product" for the purposes of 24 this act if it may be used by or for the care of a child 1[under six 25 years of age]1, but it is designed or intended for use by the general 26 population or segments of the general population and not solely or 27 primarily for use by or for the care of a child, or it is a balloon, 28 medication, drug, or food or is intended to be ingested. 29 "Commercial user" means any person who deals in children's 30 products or who otherwise by one's occupation holds oneself out as 31 having knowledge or skill peculiar to children's products, or any 32 person who is in the business of remanufacturing, retrofitting, 33 selling, leasing, subletting, or otherwise placing in the stream of 34 commerce children's products. 1 35 ["Infant" means any person less than 35 inches tall and less than 36 three years of age.]1 37 "Crib" means a bed or containment designed to accommodate an 38 infant. EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted in the law. Matter underlined thus is new matter. Matter enclosed in superscript numerals has been adopted as follows: 1 Senate SCM committee amendments adopted January 30, 2006. 2 Assembly ACO committee amendments adopted November 9, 2006. S265 [2R] 2 1 "Full-size crib" means a full-size crib as defined in Sections 2 1508.1 and 1508.3 of 1[Title] title1 16 1[of the] ,1 Code of Federal 3 Regulations regarding the requirements for full-size cribs. 2 1 4 [ "Infant" means any person less than 35 inches tall and less 5 than three years of age. 1]2 6 "Non-full-size crib" means a non-full-size crib as defined in 7 Section 1509.2 of 1[Title] title1 16 1[of the] ,1 Code of Federal 8 Regulations regarding the requirements of non-full-sized cribs. 9 "Place in the stream of commerce" means to sell, offer for sale, 10 give away, offer to give away, or allow the use of. 11 12 2. a. It shall be an unlawful practice for any commercial user 13 to knowingly remanufacture, retrofit, sell, contract to sell or resell, 14 lease, sublet, or otherwise place in the stream of commerce a 15 children's product deemed unsafe in accordance with this section. 16 b. A children's product is deemed to be unsafe for purposes of 17 this section if it meets any of the following criteria: 18 (1) 1[It does not conform to all federal laws and regulations 19 setting forth standards for the children's product; or 20 (2) It] it1 has been recalled for any reason by a federal agency or 21 the product's manufacturer, distributor, or importer and the recall 22 has not been rescinded; or 1 23 [(3) A] (2) a1 federal agency has issued a warning that a 24 specific product's intended use constitutes a safety hazard and the 25 warning has not been rescinded. 1 26 [c. In addition to the criteria established pursuant to subsection 27 b. of this section, a crib is deemed unsafe for the purposes of this 28 section if it does not conform to the standards endorsed or 29 established by the federal Consumer Product Safety Commission, 30 including, but not limited to, Title 16 of the Code of Federal 31 Regulations and ASTM International, as follows: 32 (1) Part 1508 of Title 16 of the Code of Federal Regulations and 33 any regulations adopted to amend or supplement the regulations; 34 (2) Part 1509 of Title 16 of the Code of Federal Regulations and 35 any regulations adopted to amend or supplement the regulations; 36 (3) Part 1303 of Title 16 of the Code of Federal Regulations and 37 any regulations adopted to amend or supplement the regulations; 38 and 39 (4) The following standards and specifications of ASTM 40 International for corner posts of baby cribs and structural integrity 41 of baby cribs: 42 (a) ASTM F 966 (corner post standard); 43 (b) ASTM F 1169 (structural integrity of full-size baby cribs); 44 (c) ASTM F 1822 (non-full-size cribs); and 45 (d) ASTM F 406 (non-full size baby cribs/play yards).]1 46 S265 [2R] 3 1 3. a. The Division of Consumer Affairs in the Department of 2 Law and Public Safety shall: 3 (1) create, maintain, and update a comprehensive list of 4 children's products that have been identified as meeting any of the 5 criteria set forth in section 2 of P.L. , c. (C. ) (pending 6 before the Legislature as this bill); and 7 (2) make the comprehensive list available to the public at no 8 cost, including, but not limited to, posting the list on the Internet. 9 b. The Division of Consumer Affairs shall not be liable for any 10 civil damages as a result of any acts or omissions undertaken in 11 good faith in the creation, maintenance or updating of the list of 12 children's products in accordance with subsection a. of this section. 13 14 4. A children's product deemed unsafe in accordance with 1[this 15 act] P.L. , c. (C. ) (pending before the Legislature as this 1 16 bill) as a result of a recall or warning issued by a federal agency, 17 may be retrofitted by the manufacturer if the retrofit has been 18 approved by the federal agency issuing the recall or warning or 19 another federal agency with the authority to approve the retrofit. A 20 retrofitted children's product may be placed in the stream of 21 commerce 1[if it is accompanied at the time of delivery by a notice 22 stating that the retrofit has been approved by the federal agency 23 issuing the recall or warning or another federal agency with the 24 authority to approve the retrofit]1. 1[The] A1 commercial user is 25 responsible for maintaining a record of any notice provided by the 26 manufacturer 1concerning a retrofitted children’s product 1 stating 27 that the retrofit has been approved by the federal agency issuing the 28 recall or warning or another federal agency with the authority to 29 approve the retrofit. 1[The commercial user is required to make the 30 notice available to customers upon purchase of the retrofitted 31 children's product.]1 32 33 5. a. A child care 1[facility] center1 licensed pursuant to 34 P.L.1983 1[.] ,1 c.492 (C.30:5B-1 et seq.) may not use or have on its 35 premises a children's product deemed unsafe in accordance with 36 section 2 of P.L. , c. (C. ) (pending before the Legislature 37 as this bill). This subsection does not apply to an antique or 38 collectible children's product if it is not used by, or accessible to, 39 any child in the child care 1[facility] center1. 40 b. The 1[Division of Youth and Family Services in the]1 41 Department of 2[Human Services] Children and Families2 shall 1 42 [notify child care facilities of the provisions of this section and of] 43 make the list created by the Division of Consumer Affairs regarding 44 unsafe1 children's products 1[deemed unsafe in accordance with] 45 pursuant to 1 section 1 31 of P.L. , c. (C. ) (pending before 1 46 the Legislature as this bill), [in plain, non-technical language that S265 [2R] 4 1 will enable each] available to 1 child care 1[facility to] centers by 2 posting the list on the department’s website or providing electronic 3 access to the list through its website to the list’s posting on the 4 Internet by the Division of Consumer Affairs, so that child care 5 centers may more 1 effectively inspect children's products and 6 identify unsafe children's products. 7 c. (1) The 1[division] department1 shall prepare a certification 8 form and require each 1[facility] center1 to complete the certification 9 form 1[in] during1 the process of licensing, renewal, or periodic 1 10 [update] updating1. 11 (2) The 1[division] department 1 shall retain the certification form 12 completed by each 1[facility] center1 in each respective 1[facility’s] 13 center’s1 licensing file. 1 1 14 d. Each child care 1[facility] center1 shall: 15 (1) as part of the licensing, licensing renewal, or periodic 16 inspection process conducted by the 1[Division of Youth and Family 17 Services] department 1, certify in writing that it has reviewed the list 18 created by the Division of Consumer Affairs 1[in the Department of 19 Law and Public Safety]1 regarding unsafe children's products 20 pursuant to section 3 of P.L. , c. (C. ) (pending before the 1 1 21 Legislature as this bill) , and that there are no unsafe products in 22 the 1[facility] center1; and 23 (2) 1[maintain] review1 the list 1[in its licensing file] 24 periodically1 and make the list accessible to the 1[facility] center1 25 staff members and to parents of the children who attend the 1 26 [facility] center1. 1 27 [d.] e.1 The 1[Division of Youth and Family Services] 28 department1 may revoke or refuse to renew the license of any child 29 care 1[facility] center,1 or refuse to issue a license to a 1[facility] 30 center,1 should the 1[facility] center1 not comply with any section of 31 P.L. , c. C. ) (pending before the Legislature as this bill). 32 33 6. a. Pursuant to the "Administrative Procedure Act," P.L.1968, 34 c.410 (C.52:14B-1 et seq.), the Director of the Division of 35 Consumer Affairs in the Department of Law and Public Safety, may 36 adopt rules and regulations to effectuate the purposes of sections 1 37 through 4 of this act. 38 b. Pursuant to the "Administrative Procedure Act," P.L.1968, 39 c.410 (C.52:14B-1 et seq.), the Commissioner of 2[Human Services] 40 Children and Families 2 shall adopt rules and regulations to 41 effectuate the purposes of section 5 of this bill. 42 43 7. This act shall take effect on the 2[180th] first2 day 2of the 44 seventh month2 after enactment. 45 46 S265 [2R] 5 1 Concerns sale or lease of unsafe or recalled children’s products.